Evidence not Available at the Time of the Hearing (LTB): Difference between revisions

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==TSL-23111-RV (Re), 2009 CanLII 79070 (ON LTB)<ref name="TSL-23111-RV"/>==
==TSL-23111-RV (Re), 2009 CanLII 79070 (ON LTB)<ref name="TSL-23111-RV"/>==


1. K.M. submitted that the order in question is based on a Landlord’s mistake with respect to the amount of rent the Tenants paid after the application was filed. She stated that the amount was $1,675.00 rather than $2,666.00 and that this evidence was not available to the Landlord at the time of the hearing.  The result was that the order declared lower amount owing than it was.
<b><u>2. I find that the order was based on evidence which was not available at the time of the hearing and thus it contains a serious error. Order TSL-23111 issued on April 27, 2009 is cancelled.</b></u>





Latest revision as of 17:40, 29 June 2022


Caselaw.Ninja, Riverview Group Publishing 2021 ©
Date Retrieved: 2024-06-12
CLNP Page ID: 1949
Page Categories: [Request to Review (LTB)]
Citation: Evidence not Available at the Time of the Hearing (LTB), CLNP 1949, <7i>, retrieved on 2024-06-12
Editor: Sharvey
Last Updated: 2022/06/29


TSL-23111-RV (Re), 2009 CanLII 79070 (ON LTB)[1]

1. K.M. submitted that the order in question is based on a Landlord’s mistake with respect to the amount of rent the Tenants paid after the application was filed. She stated that the amount was $1,675.00 rather than $2,666.00 and that this evidence was not available to the Landlord at the time of the hearing. The result was that the order declared lower amount owing than it was.

2. I find that the order was based on evidence which was not available at the time of the hearing and thus it contains a serious error. Order TSL-23111 issued on April 27, 2009 is cancelled.


[1]

References

  1. 1.0 1.1 TSL-23111-RV (Re), 2009 CanLII 79070 (ON LTB), <https://canlii.ca/t/289q7>, retrieved on 2022-06-29